The South Dakota Board of Regents is the governing board for six public universities in the state. The University of South Dakota is among the schools the board governs.

In December 2023, the South Dakota Board of Regents adopted a policy that prohibits faculty members from sharing their preferred pronouns in official school materials. Megan Red Shirt-Shaw and her husband, John Little, two University of South Dakota faculty members with Native American heritage, recently learned the policy could stop them from sharing their tribal affiliations as well.

Whether you're a student, faculty member, or other school staff member, if you've been negatively affected by discriminatory policies, you may have legal options. Our Education Law Team at the Lento Law Firm is prepared to review your case and protect your rights. Get started today by submitting our online contact form or calling us at 888-535-3686.

University Demands Change to Email Signatures

According to Red Shirt-Shaw and Little, their email signatures have long featured both their tribal affiliations and their preferred pronouns. They claim that in March of this year, they received warnings from their employer stating they had five days to remove both. The pair stated that the university indicated they might face suspension or termination if they failed to comply.

The Board of Regents has attempted to characterize the new policy as a branding communications strategy. However, some have pointed out that Governor Kristi Noem had sent a letter to the Board of Regents calling them to “remove all references to preferred pronouns in school materials.” The letter also contained general criticism of other “liberal ideologies” in public universities.

Up until recently, policies that serve to limit the usage of gender pronouns in public educational settings have primarily been established in K-12 schools. Stories like this serve as a reminder that such policies may also be starting to take root at the university level.

Little and Red Shirt-Shaw also state they asked administrators in January how the new policy might affect their freedom to include tribal affiliations in email signatures. According to Little, “It was clear that they had not considered that this would impact Native employees.”

As of this writing, it seems the two have found a loophole: The university still allows them to reference their tribal affiliations and pronouns in the body of their emails, if not the signatures. It's unclear whether future policies will lead to additional restrictions. In the meantime, the American Civil Liberties Union of South Dakota has stated that it is considering taking steps to address the matter.

Fighting School Discrimination

It's not uncommon for schools that enact these policies to state (whether through official communications or unofficial statements from administrators) that doing so is partially a means to push back against activism.

They fail to consider that there are often practical reasons for including pronouns, such as establishing one's gender when one has a gender-ambiguous name. Regardless, the fact that these policies are discriminatory in nature could mean they violate the rights of students, faculty, and all associated with the school.

You don't have to accept such policies or their consequences. If you believe you have a strong discrimination case or similar case against a school or university, our Education Law Team at the Lento Law Firm is here to help. Learn more by calling us at 888-535-3686 or contacting us through our online contact form today.